Legal Opinion
Empire Insurance v. Food City, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1990PublishedCited by 312 opinions
1Opinion of the Court
Appeal unanimously dismissed without costs. Memorandum: Defendants’ motion, designated one to "renew”, was, in reality, a motion to reargue, as no new matter was presented which was unavailable to defendants prior to the denial of their original motion (see, Galaxy Export v Bedford Textile Prods., 89 AD2d 576; see also, Gulledge v Adams, 108 AD2d 950). An order denying a motion to reargue is not appealable (Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C2221:9, at 185; see, Fahey v County of Nassau, 111 AD2d 214). (Appeal from order of Supreme Court, Kings County,…
2Cases cited3 opinions
- Fahey v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1985
- Gulledge v. AdamsAppellate Division of the Supreme Court of the State of New York · 1985
- Galaxy Export, Inc. v. Bedford Textile Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
3Cited by312 opinions
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- Ruggiero v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2002
- INDUS PVR LLC v. MAA-SHARDA, INC.Appellate Division of the Supreme Court of the State of New York · 2016
- Williams v. Beemiller, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Carpenter v. Browning-Ferris Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
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